Legal Definitions - change in circumstances

In family law, a change in circumstances refers to a significant and often unforeseen alteration in the life situation, financial standing, or well-being of one or both parties involved in a court order, such as a divorce decree, child custody agreement, or support order.

For a court to consider modifying an existing order, this change must be substantial enough that, had it been known at the time the original order was issued, the court would likely have made a different decision. It provides the legal justification for requesting a modification, ensuring that arrangements like child custody, visitation schedules, or support payments remain fair, practical, and in the best interest of the children as life evolves.

Here are some examples illustrating a "change in circumstances":

• Parental Relocation Affecting Custody:

  Example: A parent who has primary physical custody of their child receives an unexpected job promotion that requires them to move to a different state, several hundred miles away, making the current visitation schedule with the other parent impractical.

  Explanation: This geographical relocation constitutes a significant "change in circumstances" because the original custody and visitation order was established based on both parents living in close proximity. The move directly impacts the non-custodial parent's ability to maintain regular contact under the existing terms, necessitating a court review to establish a new custody and visitation plan that accommodates the distance while prioritizing the child's best interests.

• Significant Income Increase Affecting Child Support:

  Example: A parent who pays child support starts a new business venture that becomes highly successful, resulting in a substantial and sustained increase in their annual income, far beyond what was anticipated when the original support order was established.

  Explanation: This notable financial improvement represents a "change in circumstances" that could warrant a modification of the child support order. The original support amount was calculated based on their income at that time. With a significantly higher income, the court may determine that the paying parent has a greater capacity to contribute to the child's needs, potentially leading to an upward adjustment of support payments to ensure the child benefits from the improved financial situation of the parent.

• Child's Unforeseen Medical Needs:

  Example: Several years after a divorce decree, a child is diagnosed with a severe chronic medical condition that requires extensive, ongoing specialized medical care, frequent therapy sessions, and adaptive equipment, incurring substantial unforeseen expenses.

  Explanation: The child's new medical diagnosis and the associated significant costs represent a "change in circumstances" that was not accounted for in the original divorce or support orders. This change profoundly alters the child's needs and places a new, substantial financial burden on the parents. A court would review this to determine if the existing support arrangements are still adequate or if modifications are necessary to ensure the child receives appropriate care and that the financial responsibilities are fairly distributed between the parents.